Madras High Court

CRP/5826/2026 of V. Kalaivani Vs P. Vairavel on 30 September 2026

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CRP No. 5826 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-09-2026

CORAM

THE HON'BLE MR.JUSTICE P.B. BALAJI

CRP No. 5826 of 2026

and CMP No.25207 of 2026

CNR: {HCMA012124122026}

V. Kalaivani

..Petitioner(s)

Vs

P. Vairavel

..Respondent(s)

PRAYER: Civil Revision Petition filed under Section 115 of C.P.C. seeking to set aside the order and decreetal order dated 27.07.2026 passed in REP.No.17 of 2026 in RLTOP.No.7 of 2024 by the Principal District Munsif, Salem.

For Petitioner(s):

Mr.R.Kamaraj

For Respondent(s):

Mr.M.Venkatakrishnan

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ORDER

Heard learned counsel for the petitioner and Mr.Venkatakrishnan, learned counsel appearing for the respondent / caveator.

2. Mr.R.Kamaraj, learned counsel for the petitioner brought to my notice that as against the order of recovery of possession, the petitioner has already filed RLTA No.1 of 2026, which is pending on the file of III Additional District Judge, Salem, and there is also an application seeking stay of the execution

CRP No. 5826 of 2026

petition in the said RLTA. However, the rent tribunal has not taken up the said application and taking advantage of the same the respondent has pressed for orders in the execution petition and the execution court has also now ordered delivery.

3. Mr.Venkatakrishnan, learned counsel for the respondent brought to my notice that in order to stall the proceedings, and defeat the eviction decree, the petitioner moved an application under Section 47 of C.P.C. which is not even maintainable under the provisions of TNRRRLT Act 39 of 2017 and he would therefore state that the present attempt is only to protract the proceedings.

4. Considered the submissions advanced on either side.

5. Considering the fact that admittedly RLTA No.1 of 2026 is pending before the rent tribunal and it is ripe for argument, in the interest of both parties, it would suffice to dispose of the Civil Revision Petition, confirming the order passed by the executing court, however, directing the execution petition to be kept in abeyance for a period of four (4) weeks.

6. The rent tribunal viz. Learned III Additional District and Sessions Judge, Salem, to dispose of RLTA No.1 of 2026 within a period of three (3) weeks from the date of receipt of a copy of this order and subject to the result of

CRP No. 5826 of 2026

the said RLTA No.1 of 2026, it is open to the respondent to proceed with the execution petition.

7. This Civil Revision Petition stands dismissed accordingly. Consequently, connected miscellaneous petition is closed. No costs. 30-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KAS

CRP No. 5826 of 2026

P.B.BALAJI, J. KAS CRP No. 5826 of 2026 and CMP No.25207 of 2026 30-09-2026

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